Corporate gift-giving peaks at Christmas. It's tricky knowing where bribery starts and goodwill ends. Here are some tips to help you stay both legal and festive.
Many high-profile employers have come across as heavy-handed with their attitude to Christmas gifts. Remember the council ban on presents for hard-working bin-men?
"Refuse collectors have been told not to accept alcohol and tips from residents over the festive period. They were asked to sign anti-bribery agreements preventing them accepting such gifts although sweets and biscuits are allowed. One resident complained the rules were mean-spirited and petty - 'Why would anyone want to bribe a binman anyway?'"
During the season of goodwill, there is no need for such draconian measures. Following our tips will help to ensure that any gifts you give or receive are on the right side of the law.
You should only give corporate gifts if there is a legitimate business purpose. Examples of gift-giving that would be considered legitimate include those associated with building goodwill or enhancing relationships with customers or suppliers.
Is the value of the gift reasonable, or could it be seen as lavish? Even if the value falls below that in your company policy, it may be disproportionate if you have little working contact.
It is important to inform your manager about the gift and declare it in your company's gifts and hospitality register. If you haven't, people are bound to ask, why not? You should always fully disclose the details of corporate gift-giving to avoid any suspicion of bribery.
Are relevant events happening around the same time? For example, are there job vacancies, a tendering process, or contract negotiations? If so, the gift may be seen as an attempt to influence decisions unduly. Be mindful and aware of this before giving a gift.
Don't exceed any threshold or limit stated in your company policy. Jewellery, theatre tickets or expensive wines are bound to seem extravagant, so it's best to stick to something of token or novelty value. Don't try to get around the rules by offering or accepting vouchers instead!
It's wise to place an annual cap on how many gifts can be given to a single client or received by a particular employee each year. If that limit has been reached, maybe you should be skipping any festive gift-giving this year.
Reputational damage to a company is just as bad as financial, if not worse. Decisions around corporate gift-giving could negatively affect your reputation. If you think that such a gift may end up being perceived in a bad light, it probably isn't worth the risk.
Contact your compliance team or manager if you are unsure. For instance, you may have to accept gifts to avoid offending customers or suppliers. Such gifts could be donated to charity instead. You should also get prior approval before giving any gifts to senior executives, government officials or compliance officers.
Many gifts are perfectly reasonable and legitimate, especially around the festive season. But err on the side of caution, as authorities don't go easy on bribery suspects just because it's Christmas. If you still have doubts after seeking advice, it is best not to engage in corporate gifting.
Use role-play to practise declining gifts and hospitality graciously. Don't agree just because you don't know what to say to avoid causing offence. It is perfectly acceptable to refuse a gift and save yourself from being accused of involvement in bribery.
We have companion articles on several Christmas compliance risks, including Fraud and Fire Safety, plus our handy Christmas Gifts Checklist.
And for some festive cheer, check out our Gamified Learning Hub. You'll find our famous Christmas Compliance Challenge plus a festive crossword and word search.
If you prove your compliance credentials, you may just win a prize. All comply with our anti-bribery policy, of course - you'd expect nothing less!
If you've any questions or concerns about compliance or e-learning, please get in touch.